High Court allowed an appeal against the dismissal of a bail application filed under Section 14A(2) of the SC/ST Act, setting aside the trial court order and directing release on personal bond.
Appellant released on bail by executing a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Appeal No. 1192/2018
Sunil Kumar S/o Begraj, Aged About 24 Years, B/c Kumhar, R/o W.no. 6, Jhandawali, Teh. And Dist. Hanumangarh. (At Present Lodged In Dist. Jail, Hanumangarh)
----Appellant
Versus
State Of Rajasthan, Through Pp
----Respondent
For Appellant(s) For Respondent(s)
: Mr. Pankaj Sharma : Mr. O.P. Rathi, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
12/10/2018
This criminal appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 28.9.2018 passed by the Special Judge, SC/ST (PA) Cases, Hanumangarh (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.352/2018 (CIS No.275/2018), whereby the trial court has dismissed the bail application filed on behalf of the appellant.
The appellant has been arrested in FIR No.207/2017 of Police Station Hanumangarh, Sadar, District Hanumangarh for the offences punishable under Sections 323, 341, 143 I.P.C. and Section 3(1)(5) SC/ST Act.
(2 of 2) [CRLAS-1192/2018]
Learned counsel for the appellant has submitted that the appellant has failed to appear before the trial court on 11.7.2018 due to unavoidable circumstance and later on he himself has surrendered on 24.9.2018.
Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.
Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.
Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the accused appellant under Section 14-A(2) of SC/ST Act.
Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 28.9.2018 passed by the Special Judge, SC/ST (PA) Cases, Hanumangarh in Criminal Misc. Case No.352/2018 (CIS No.275/2018) is set aside. It is directed that appellant Sunil Kumar S/o Begraj shall be released on bail in connection with FIR No.207/2017 of Police Station Hanumangarh, Sadar, District Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.
(VIJAY BISHNOI),J
Babulal/180
1 issue framed by the court
Whether the dismissal of bail application by the trial court warrants interference in an appeal under Section 14A(2) of the SC/ST Act.
1 provisions across 1 enactments
Sunil Kumar S/o Begraj
State Of Rajasthan
VIJAY BISHNOI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
